MoreThe EPA is asking businesses to comment on what types of
information submitted to the agency should be considered confidential. The
agency, in a Federal Register notice on Wednesday, Jan. 5,
2011, noted that it often receives Freedom of Information Act (FOIA) requests
for documentation received or issued by the EPA or data contained in agency
database systems pertaining to the export and import of Resource Conservation
and Recovery Act (RCRA) hazardous waste from/to the United States, the export
of cathode ray tubes (CRTs) and spent lead acid batteries (SLABs) from the
United States, and the export and import of RCRA universal waste from/to the
United States.
The agency is concerned that these documents and data may identify or reference multiple parties, and describe transactions involving the movement of specified materials in which the parties propose to participate or have participated. The purpose of this notice is to inform affected businesses about the documents or data sought by these types of FOIA requests in order to provide the businesses with the opportunity to assert claims that any of the information sought that pertains to them is entitled to treatment as confidential business information, and to send comments to the EPA supporting their claims for such treatment.
The agency warned that certain businesses do not meet the definition of "affected business," and are not covered by today's notice. They consist of any business that actually submitted to the EPA any document at issue pursuant to applicable RCRA regulatory requirements and did not assert a CBI claim as to information that pertains to that business in connection with the document at the time of its submission; they have waived their right to do so at a later time. Nevertheless, other businesses identified or referenced in the documents that were submitted to the EPA by the submitting business may have a right to assert a CBI claim concerning information that pertains to them and may do so in response to this notice.
Comments must be received on or before Feb, 3, 2011. The period for submission of comments may be extended if, before the comments are due, a request is made for an extension of the comment period and it is approved by the EPA legal office.
SOURCE: Federal Register
The agency is concerned that these documents and data may identify or reference multiple parties, and describe transactions involving the movement of specified materials in which the parties propose to participate or have participated. The purpose of this notice is to inform affected businesses about the documents or data sought by these types of FOIA requests in order to provide the businesses with the opportunity to assert claims that any of the information sought that pertains to them is entitled to treatment as confidential business information, and to send comments to the EPA supporting their claims for such treatment.
The agency warned that certain businesses do not meet the definition of "affected business," and are not covered by today's notice. They consist of any business that actually submitted to the EPA any document at issue pursuant to applicable RCRA regulatory requirements and did not assert a CBI claim as to information that pertains to that business in connection with the document at the time of its submission; they have waived their right to do so at a later time. Nevertheless, other businesses identified or referenced in the documents that were submitted to the EPA by the submitting business may have a right to assert a CBI claim concerning information that pertains to them and may do so in response to this notice.
Comments must be received on or before Feb, 3, 2011. The period for submission of comments may be extended if, before the comments are due, a request is made for an extension of the comment period and it is approved by the EPA legal office.
SOURCE: Federal Register
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